The appeal is remanded for a new VA examination to determine the relationship between any current neck disability and an injury during service.
The deciding factor: The Court raised questions regarding the adequacy of the previous medical opinion, necessitating a new one.
- Claimed conditions
- residuals of a neck injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2009
- Citation
- 0902479
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for residuals of a back injury, head injury, and neck injury as the evidence did not support that these injuries occurred during or while traveling from active duty.
- Denied
The Board denied service connection for multiple conditions, including GERD, neck injury, right knee injury, left knee injury, shrapnel wound to the lower left leg, right ankle injury, left ankle injury, RLE neuropathy, and lower back injury.
- Remanded (sent back)
The Board remanded the veteran's claims for service connection of residuals from back, head, and neck injuries due to inadequate efforts by VA to obtain necessary records.
- Remanded (sent back)
The Board has decided to remand two issues: the claim for service connection for residuals of a neck injury and the initial compensable rating for a deviated nasal septum. The Veteran's claims are being remanded due to procedural errors in previous decisions, including failure to provide a Statement of the Case on his original claim for service connection for a deviated nasal septum, and issues with the development process for his claim for residuals of a neck injury.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.